senate Bill S6958B

2011-2012 Legislative Session

Relates to jurisdiction and venue for a pattern of criminal offenses

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 referred to codes
delivered to assembly
passed senate
Jun 11, 2012 amended on third reading (t) 6958c
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.928
Apr 30, 2012 print number 6958b
amend and recommit to consumer protection
Apr 19, 2012 print number 6958a
amend and recommit to consumer protection
Apr 16, 2012 referred to consumer protection

Votes

view votes

May 30, 2012 - Consumer Protection committee Vote

S6958B
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 30, 2012

aye wr (1)

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S6958 - Details

See Assembly Version of this Bill:
A10507
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §70.16, Pen L

S6958 - Summary

Relates to jurisdiction and venue for a pattern of criminal offenses.

S6958 - Sponsor Memo

S6958 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6958

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law and the penal law, in  relation
  to  establishing  jurisdiction  and  venue  for  a pattern of criminal
  offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
527 to read as follows:
  S 527. JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.  1. A
PERSON  MAY  BE  PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO EACH OF
THE ALLEGED CRIMINAL OFFENSES INCLUDED  WITHIN  A  PATTERN  OF  CRIMINAL
OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF ORGAN-
IZED RETAIL CRIME, IN ANY COUNTY WHERE AT  LEAST  ONE  ALLEGED  CRIMINAL
OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF
CRIMINAL ACTIVITY. ONE DISTRICT COURT MAY POSSESS JURISDICTION OVER  ALL
CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE PART OF, OR ARE DIRECT-
LY  RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE
ALLEGED PATTERN OF CRIMINAL OFFENSES OF ORGANIZED RETAIL CRIME.
  2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY  WHERE  AT  LEAST  ONE
ALLEGED  CRIMINAL  OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  S 2. The penal law is amended by adding a new section 70.16 to read as
follows:
S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.
  1. A PERSON MAY BE PROSECUTED FOR CRIMINAL  ACTIONS  WITH  RESPECT  TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL  OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE, IN
ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED  AND
SUCH  OFFENSE  IS  PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE
DISTRICT COURT MAY POSSESS  JURISDICTION  OVER  ALL  CRIMINAL  OFFENSES,
PERSONS  AND PROPERTY THAT ARE PART OF, OR ARE DIRECTLY RELATED TO, EACH
OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE ALLEGED  PATTERN  OF
CRIMINAL OFFENSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

S6958A - Details

See Assembly Version of this Bill:
A10507
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §70.16, Pen L

S6958A - Summary

Relates to jurisdiction and venue for a pattern of criminal offenses.

S6958A - Sponsor Memo

S6958A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6958--A

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law and the penal law, in  relation
  to  establishing  jurisdiction  and  venue  for  a pattern of criminal
  offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
393-e to read as follows:
  S 393-E. JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.  1.
A  PERSON MAY BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO EACH OF
THE ALLEGED CRIMINAL OFFENSES INCLUDED  WITHIN  A  PATTERN  OF  CRIMINAL
OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF ORGAN-
IZED RETAIL CRIME, IN ANY COUNTY WHERE AT  LEAST  ONE  ALLEGED  CRIMINAL
OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF
CRIMINAL ACTIVITY. ONE DISTRICT COURT MAY POSSESS JURISDICTION OVER  ALL
CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE PART OF, OR ARE DIRECT-
LY  RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE
ALLEGED PATTERN OF CRIMINAL OFFENSES OF ORGANIZED RETAIL CRIME.
  2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY  WHERE  AT  LEAST  ONE
ALLEGED  CRIMINAL  OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  S 2. The penal law is amended by adding a new section 70.16 to read as
follows:
S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.
  1. A PERSON MAY BE PROSECUTED FOR CRIMINAL  ACTIONS  WITH  RESPECT  TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL  OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE, IN
ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED  AND
SUCH  OFFENSE  IS  PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE
DISTRICT COURT MAY POSSESS  JURISDICTION  OVER  ALL  CRIMINAL  OFFENSES,
PERSONS  AND PROPERTY THAT ARE PART OF, OR ARE DIRECTLY RELATED TO, EACH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

S6958B - Details

See Assembly Version of this Bill:
A10507
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §70.16, Pen L

S6958B - Summary

Relates to jurisdiction and venue for a pattern of criminal offenses.

S6958B - Sponsor Memo

S6958B - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6958--B

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the general business law and the penal law, in relation
  to establishing jurisdiction and  venue  for  a  pattern  of  criminal
  offenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
393-e to read as follows:
  S 393-E. JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.  1.
A PERSON MAY BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO EACH  OF
THE  ALLEGED  CRIMINAL  OFFENSES  INCLUDED  WITHIN A PATTERN OF CRIMINAL
OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF  ORGAN-
IZED  RETAIL  CRIME,  IN  ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL
OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN  OF
CRIMINAL ACTIVITY. ONE DISTRICT COURT OR COUNTY COURT MAY POSSESS JURIS-
DICTION  OVER  ALL CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE PART
OF, OR ARE DIRECTLY RELATED TO, EACH OR  ALL  OF  THE  ALLEGED  CRIMINAL
OFFENSES  FORMING  THE ALLEGED PATTERN OF CRIMINAL OFFENSES OF ORGANIZED
RETAIL CRIME.
  2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY  WHERE  AT  LEAST  ONE
ALLEGED  CRIMINAL  OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  S 2. The penal law is amended by adding a new section 70.16 to read as
follows:
S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.
  1. A PERSON MAY BE PROSECUTED FOR CRIMINAL  ACTIONS  WITH  RESPECT  TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL  OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE, IN
ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED  AND
SUCH  OFFENSE  IS  PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

S6958C (ACTIVE) - Details

See Assembly Version of this Bill:
A10507
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §70.16, Pen L

S6958C (ACTIVE) - Summary

Relates to jurisdiction and venue for a pattern of criminal offenses.

S6958C (ACTIVE) - Sponsor Memo

S6958C (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6958--C
    Cal. No. 928

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sens. ZELDIN, VALESKY -- read twice and ordered printed,
  and when  printed  to  be  committed  to  the  Committee  on  Consumer
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN  ACT to amend the penal law, in relation to establishing jurisdiction
  and venue for a pattern of criminal offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The penal law is amended by adding a new section 70.16 to
read as follows:
S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF ORGANIZED  RETAIL  CRIME
          OFFENSES.
  1.  A  PERSON  MAY  BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME,  OR  ADVENTURE  OF
ORGANIZED  RETAIL CRIME, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMI-
NAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN
OF CRIMINAL ACTIVITY. ONE DISTRICT COURT OR  COUNTY  COURT  MAY  POSSESS
JURISDICTION  OVER  ALL CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE
PART OF, OR ARE DIRECTLY RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL
OFFENSES FORMING THE ALLEGED PATTERN OF CRIMINAL OFFENSES.
  2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY  WHERE  AT  LEAST  ONE
ALLEGED  CRIMINAL  OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  3. FOR PURPOSES OF THIS SECTION, ORGANIZED RETAIL CRIME SHALL MEAN THE
STEALING, EMBEZZLEMENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER
ILLEGAL MEANS, RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT  NORMALLY
BE  PURCHASED  FOR  PERSONAL  USE  OR  CONSUMPTION,  FOR THE PURPOSES OF
RESELLING, TRADING, OR OTHERWISE REENTERING SUCH RETAIL  MERCHANDISE  IN
COMMERCE.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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